(a) for the purposes of the performance or exercise of any of
the Registrar’s functions and powers under this Act; or

(b) for the purpose of ensuring compliance with this Act;
or

(c) in relation to:

(i) an alleged or suspected contravention of this Act; or

(ii) an alleged or suspected contravention of a law of the
Commonwealth, or of a State or Territory, being a contravention
that concerns the management or examinable affairs of an Aboriginal
and Torres Strait Islander corporation or a related body corporate;
or

(iii) an alleged or suspected contravention of a law of the
Commonwealth, or of a State or Territory, being a contravention
that involves fraud or dishonesty and relates to an Aboriginal and
Torres Strait Islander corporation or a related body corporate.

(1) The Registrar may, at any time, cause an authorised
officer to examine the books of an Aboriginal and Torres Strait
Islander corporation, or a related body corporate, and to report to
the Registrar on the results of that examination, drawing attention
to any or all of the following matters:

(a) if the corporation has failed to comply with a provision
of this Act or the corporation’s constitution;

(b) an alleged or suspected contravention of a law of the
Commonwealth, or of a State or Territory, being a contravention
that concerns the management or examinable affairs of an Aboriginal
and Torres Strait Islander corporation or a related body corporate,
or involves fraud or dishonesty and relates to an Aboriginal and
Torres Strait Islander corporation or a related body corporate;

(c) if there has been an irregularity in the operations or
examinable affairs of the corporation;

(d) if circumstances exist that constitute, or may
constitute, grounds for appointing a special administrator for the
corporation;

(e) if circumstances are likely to occur or develop and that,
if they were to occur or develop, may constitute grounds for
appointing a special administrator for the corporation.

(2) The authorised officer is entitled, at all reasonable
times, to full and free access to the books of the corporation and
any related body corporate.

(3) The authorised officer may make copies, or take extracts
from, any such books.

(4) The authorised officer may require any person to produce
such books of the corporation, or a related body corporate, in the
possession of the person, or to which the person has access, as the
authorised officer considers necessary for the purposes of this
section.

(5) A person who fails to comply with a requirement under
subsection (4) commits an offence.

Penalty: 10 penalty units.

(6) An offence against subsection (5) is an offence of
strict liability.

(1) The Registrar may, by notice given to a person whom the
Registrar, on reasonable grounds, believes to have some knowledge
of the examinable affairs of an Aboriginal and Torres Strait
Islander corporation, require the person:

(a) to provide the Registrar or an authorised officer with
information concerning the corporation or its examinable affairs;
or

(b) to produce to the Registrar or an authorised officer
books of the corporation, or a related body corporate or connected
entity, in the custody or under the control of the person; or

(c) to appear before the Registrar or an authorised officer
to answer questions about the corporation or its examinable
affairs.

(2) Subject to subsection (3), the notice:

(a) must be in writing; and

(b) may be given personally or by post; and

(c) must specify:

(i) when and how the person is to provide the information or
produce the documents; or

(ii) when and where the person is to appear before the
Registrar or an authorised officer.

(3) The person must not be required to provide the
information, produce the documents or appear to answer questions
within a period of less than 14 days after the notice is given.

(4) The Registrar may require the person to give or verify
the information or answers:

(a) on oath or affirmation; and

(b) either orally or in writing.

The Registrar, or an authorised officer to
whom the information or answers are given, may administer such an
oath or affirmation to the person.

(5) A person must not fail to comply with a notice under
subsection (1).

Penalty: 30 penalty units or imprisonment
for 6 months, or both.

(6) An offence against subsection (5) is an offence of
strict liability.

Note: For
strict liability , see section 6.1 of the
Criminal Code .

(7) A person does not commit an offence against
subsection (5) to the extent to which the person is not
capable of complying with the notice.

Note: The
defendant bears an evidential burden in relation to the matter in
subsection (7) (see subsection 13.3(3) of the Criminal
Code ).

(1) An authorised officer who examines the books of an
Aboriginal and Torres Strait Islander corporation, or a related
body corporate, and reports to the Registrar on the results of that
examination is to receive such remuneration (if any) as the
Registrar determines in writing.

(2) A determination under subsection (1) is not a
legislative instrument.

(3) Subject to subsection (4), the authorised
officer’s remuneration, charges and expenses are to be borne
by the Commonwealth.

(4) The Registrar:

(a) may determine, in writing, that some or all of the
authorised officer’s remuneration, charges or expenses are to
be borne by the corporation or a related body corporate; and

(b) may charge some or all of the remuneration, charges or
expenses referred to in paragraph (a) on the property of the
corporation or a related body corporate in such order of priority
in relation to any existing charges on that property as the
Registrar thinks fit.

(5) This section does not apply to an authorised officer who
is an APS employee or a Commonwealth officer.

(6) In this section:

Commonwealth officer includes a
person who:

(a) is in the service or employment of the Commonwealth or an
authority of the Commonwealth; or

(b) holds or performs the duties of any office or position
under a law of the Commonwealth; or

(1) This section applies if, on an application under
section 456-1, the magistrate is satisfied that there
are reasonable grounds to suspect that there are, or may be within
the next 3 days, on particular premises, particular books:

(a) whose production has been required under
section 453-1 or 453-5; and

(b) that have not been produced in compliance with that
requirement.

(2) The magistrate may issue a warrant authorising an
authorised officer, whether or not named in the warrant, together
with any person named in the warrant, with such assistance, and by
such force, as is necessary and reasonable:

(a) to enter on or into the premises; and

(b) to search the premises; and

(c) to break open and search anything, whether a fixture or
not, in or on the premises; and

(d) to take possession of, or secure against interference,
books that appear to be any or all of those books.

(3) If the magistrate issues such a warrant, he or she must
set out on the information laid before him or her under subsection
456-1(1) for the purposes of the application:

(a) which of the grounds set out in the information; and

(b) particulars of any other grounds;

he or she has relied on to justify the issue
of the warrant.

(4) A warrant under this section must:

(a) specify the premises and books referred to in
subsection (1); and

(b) state whether entry is authorised to be made at any time
of the day or night or only during specified hours; and

(c) state that the warrant ceases to have effect on a
specified day that is not more than 7 days after the day of issue
of the warrant.

(5) The function of issuing a warrant is conferred on the
magistrate in a personal capacity and not as a court or a member of
a court. The magistrate need not accept the function conferred.

(a) books of an Aboriginal and Torres Strait Islander
corporation are produced to an authorised officer under
section 453-1 or section or 453-5; or

(b) under a warrant issued under this Division, an authorised
officer:

(i) takes possession of books of an Aboriginal and Torres
Strait Islander corporation; or

(ii) secures books of an Aboriginal and Torres Strait
Islander corporation against interference; or

(c) by virtue of a previous application of
subsection (8) of this section, books are delivered into a
person’s possession.

(2) If paragraph (1)(a) applies, the authorised officer
may take possession of any of the books.

(3) The authorised officer may inspect, and may make copies
of, or take extracts from, any of the books.

(4) The authorised officer may use, or permit the use of, any
of the books for the purposes of a proceeding (including a
proceeding under a law of the Commonwealth, or of a State or
Territory).

(5) The authorised officer may retain possession of any of
the books for so long as is necessary:

(a) for the purposes of exercising a power conferred by this
section (other than this subsection and subsection (7));
or

(b) for any of the purposes referred to in paragraphs
450-1(a), (b) or (c); or

(c) to determine if there is a matter in relation to the
corporation that is specified in subsection 453-1(1) as a
matter that should be drawn attention to; or

(d) for a decision to be made about whether or not a
proceeding (including a proceeding under a law of the Commonwealth,
or of a State or Territory) to which the books concerned would be
relevant should be begun; or

(e) for such a proceeding to be begun and carried on.

(6) No-one is entitled, as against the authorised
officer, to claim a lien on any of the books, but such a lien is
not otherwise prejudiced.

(7) While the books are in the authorised officer’s
possession, the officer:

(a) must permit another person to inspect, at all reasonable
times, such (if any) of the books as the other person would be
entitled to inspect if they were not in the authorised
officer’s possession; and

(b) may permit another person to inspect any of the
books.

(8) Unless subparagraph (1)(b)(ii) applies, the
authorised officer may deliver any of the books into the possession
of the Registrar or a person approved by the Registrar to receive
them.

(9) If paragraph (1)(a) or (b) applies, the authorised
officer, the Registrar or an approved person into whose possession
the authorised officer delivers any of the books under
subsection (8), may require:

(a) if paragraph (1)(a) applies—a person who so
produced any of the books; or

(b) in any case—a person who was a party to the
compilation of any of the books;

to explain any matter about the compilation
of any of the books or to which any of the books relate.

(10) Subsection (9) does not apply to the extent that
the person has explained the matter to the best of his or her
knowledge or belief.

Note: A
defendant bears an evidential burden in relation to the matter in
subsection (10) (see subsection 13.3(3) of the Criminal
Code ).

(11) A person must not intentionally or recklessly fail to
comply with a requirement under subsection (9).

Penalty: 100 penalty units or imprisonment
for 2 years, or both.

(12) Subsection (11) does not apply to the extent to
which the person has a reasonable excuse.

Note: A
defendant bears an evidential burden in relation to the matter in
subsection (12) (see subsection 13.3(3) of the Criminal
Code ).

(1) The magistrate may complete and sign the same form of
warrant that would be issued under section 456-5 if
satisfied that:

(a) a warrant in the terms of the application should be
issued urgently; or

(b) the delay that would occur if an application were made in
person would frustrate the effective execution of the warrant.

(2) If the magistrate issues the warrant, he or she must
inform the applicant, by telephone, fax or other electronic means,
of the terms of the warrant and the day on which and the time at
which it was signed.

(3) The applicant must then:

(a) complete a form of warrant in terms substantially
corresponding to those given by the magistrate; and

(b) state on the form:

(i) the name of the magistrate; and

(ii) the day on which the warrant was signed; and

(iii) the time at which the warrant was signed.

(4) The applicant must give the magistrate:

(a) the form of warrant completed by the applicant; and

(b) if the information was unsworn under paragraph
456-15(2)(b)—the sworn information;

by the end of the day after whichever first
occurs:

(c) the warrant expires; or

(d) the warrant is executed.

(5) The magistrate must attach the form of warrant completed
by the magistrate to the documents provided under
subsection (4).

(1) If a warrant in relation to premises is being executed
and the occupier of the premises or another person who apparently
represents the occupier is present at the premises, the authorised
officer executing the warrant must make available to that person a
copy of the warrant.

(3) The authorised officer must identify himself or herself
to the person at the premises.

(4) The copy of the warrant referred to in
subsection (1) need not include the signature of the issuing
magistrate or the seal of the relevant court.